Privacy Policy
1. Introduction
1.1 This Privacy Policy governs the manner in which Hands on Technologies, together with its subsidiaries, affiliates, associates, holding companies, and the subsidiaries, affiliates and associates of such holding companies (collectively referred to as “Hands on Tech”, “we”, “us” or “our”), collects, receives, records, stores, uses, updates, shares, discloses, transfers, retains and otherwise processes Personal Information.
1.2 This Privacy Policy applies to all interactions between Hands on Tech and any natural person or juristic person who:
1.2.1 visits or uses our websites, platforms, applications, social media pages or online systems;
1.2.2 purchases, subscribes to, accesses or uses any of our products or services;
1.2.3 communicates or corresponds with us in any manner;
1.2.4 registers for any account, programme, offering, event, training, competition or communication; or
1.2.5 otherwise provides Personal Information to us, whether in person, electronically, telephonically, in writing, by conduct or otherwise.
1.3 Hands on Tech is committed to processing Personal Information lawfully and reasonably, in a manner that does not unjustifiably infringe the privacy rights of Data Subjects, and in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”), the regulations promulgated thereunder, and any other applicable laws of the Republic of South Africa.
1.4 By interacting with us, accessing or using our products, services or Sites, or otherwise providing Personal Information to us, you acknowledge that you have read and understood this Privacy Policy.
2. Definitions and Interpretation
2.1 In this Privacy Policy, unless the context indicates otherwise, words and expressions defined in POPIA shall bear the same meanings assigned to them in POPIA.
2.2 In addition, the following terms shall have the meanings assigned to them below:
2.2.1 “Child” means a natural person under the age of 18 (eighteen) years;
2.2.2 “Competent Person” means any person who is legally competent to consent to the processing of a Child’s Personal Information;
2.2.3 “Consent” means any voluntary, specific and informed expression of will in terms of which permission is given for the processing of Personal Information, whether in writing, electronically, by selecting an option, clicking an acceptance button, submitting information, registering an account, responding affirmatively to a consent request, or by any other lawful method evidencing agreement;
2.2.4 “Data Subject” means the person to whom Personal Information relates;
2.2.5 “Information Officer” means the duly appointed and registered information officer of Hands on Tech;
2.2.6 “Operator” means a person or entity which processes Personal Information for Hands on Tech in terms of a contract or mandate, without coming under the direct authority of Hands on Tech;
2.2.7 “Personal Information” means information relating to an identifiable, living natural person and, where applicable, an identifiable existing juristic person;
2.2.8 “Process” or “Processing” means any operation or activity concerning Personal Information, including the collection, receipt, recording, organisation, collation, storage, updating, modification, retrieval, alteration, consultation, use, dissemination, distribution, merging, linking, blocking, degradation, erasure or destruction of such information; and
2.2.9 “Sites” means all websites, applications, portals, social media pages, platforms and online services owned, operated or controlled by Hands on Tech.
2.3 Clause headings are included for convenience and shall not affect interpretation.
2.4 Unless the context otherwise requires:
2.4.1 the singular includes the plural and vice versa;
2.4.2 any gender includes the other genders; and
2.4.3 references to persons include natural persons and juristic persons.
3. Acceptance of this Privacy Policy
3.1 By continuing to interact with us, using our Services or Sites, entering into any relationship with us, or otherwise providing us with Personal Information, you acknowledge and agree that your Personal Information may be processed in accordance with this Privacy Policy and applicable law.
3.2 Where specific consent is required by law for any category of processing, Hands on Tech shall seek such consent in the manner required by law.
3.3 If you do not agree to the terms of this Privacy Policy, you must refrain from using the relevant Sites, Services or products where such use requires the processing of Personal Information.
4. Categories of Personal Information Processed
4.1 Hands on Tech may process such Personal Information as is adequate, relevant and not excessive in relation to the purpose for which it is processed.
4.2 The Personal Information processed by us may include, without limitation:
4.2.1 In relation to natural persons:
(a) name and surname;
(b) identity number, passport number or other identifying number;
(c) date of birth and age;
(d) gender;
(e) marital status;
(f) nationality, ethnic or social origin, language and culture where relevant and lawful;
(g) physical and postal address;
(h) email address;
(i) telephone number and other contact details;
(j) online identifiers and account credentials;
(k) biometric information, where lawful and necessary;
(l) educational, employment, financial, tax, credit and banking information where relevant and lawful;
(m) opinions, preferences, reviews, survey responses and communications;
(n) health or accessibility-related information where relevant and lawful; and
(o) any other information voluntarily provided by the Data Subject or lawfully obtained by Hands on Tech.
4.2.2 In relation to Children:
(a) name and surname;
(b) age and date of birth;
(c) school, class, grade, programme or course information;
(d) parent or guardian information;
(e) educational records, progress information, participation data and submissions;
(f) contact details, where appropriate;
(g) accessibility, health or support-related information where lawful and necessary; and
(h) any other Personal Information lawfully provided by a Competent Person or otherwise lawfully processed in terms of POPIA.
4.2.3 In relation to juristic persons:
(a) registered name;
(b) registration number;
(c) VAT number and tax information;
(d) physical and postal address;
(e) email address;
(f) telephone number;
(g) payment and banking details;
(h) transaction history; and
(i) information relating to representatives, contact persons and account users.
4.2.4 In relation to usage of our products, services or Sites:
(a) account registration information;
(b) usernames and passwords;
(c) records of orders, purchases, invoices, quotations and payments;
(d) communications, messages, support tickets and correspondence;
(e) browsing history and usage patterns on our Sites;
(f) content viewed, features used, actions taken and duration of activity;
(g) IP address, browser type, device type, operating system, language and time zone;
(h) device identifiers and online identifiers;
(i) cookie and tracking data;
(j) location data where enabled or lawfully derived;
(k) network and connection information; and
(l) information received from integrated partners or service providers where lawfully permitted.
5. Sources of Personal Information
5.1 Hands on Tech may collect Personal Information directly from the Data Subject.
5.2 Hands on Tech may also lawfully collect Personal Information from:
5.2.1 parents, guardians, schools, institutions, employers or authorised representatives;
5.2.2 public records and publicly available sources;
5.2.3 service providers, Operators and payment processors;
5.2.4 credit bureaus, screening agencies or fraud prevention bodies where lawful;
5.2.5 third-party partners where the Data Subject has consented or where collection is otherwise lawful; and
5.2.6 automated technologies such as cookies, website analytics tools and device data collection technologies.
6. When Personal Information may be Processed
6.1 Hands on Tech may process Personal Information where:
6.1.1 the Data Subject has given consent;
6.1.2 processing is necessary to carry out actions for the conclusion or performance of a contract;
6.1.3 processing complies with an obligation imposed by law;
6.1.4 processing protects a legitimate interest of the Data Subject;
6.1.5 processing is necessary for pursuing the legitimate interests of Hands on Tech or of a third party to whom the information is supplied; or
6.1.6 processing is otherwise lawful and permitted in terms of POPIA.
7. Purposes of Processing
7.1 Hands on Tech may process Personal Information for one or more of the following purposes:
7.1.1 to provide, deliver, administer and support our products and services;
7.1.2 to interact and communicate with Data Subjects;
7.1.3 to conclude, administer and perform agreements and commercial transactions;
7.1.4 to create, manage and maintain accounts and profiles;
7.1.5 to process payments, invoices, refunds and financial records;
7.1.6 to personalise content, products, services, communications and user experiences;
7.1.7 to conduct research, surveys, analytics, testing, quality assurance and service improvement;
7.1.8 to monitor usage and engagement with our Sites, products and services;
7.1.9 to maintain system security, prevent fraud, investigate misconduct and protect rights and property;
7.1.10 to verify identity, creditworthiness, background information or compliance history where lawful;
7.1.11 to market and promote our products, services, offerings, events and activities where lawful;
7.1.12 to comply with legal, regulatory, accounting and governance obligations;
7.1.13 to establish, exercise or defend legal rights; and
7.1.14 to carry out any other lawful purpose compatible with the purpose for which the information was collected.
8. Children’s Personal Information
8.1 Hands on Tech acknowledges that some of its products, services and Sites are intended for or may be used by Children.
8.2 Hands on Tech shall process the Personal Information of Children only where permitted by law, including where:
8.2.1 prior consent has been obtained from a Competent Person;
8.2.2 the processing is necessary for the establishment, exercise or defence of a right or obligation in law;
8.2.3 the processing is necessary for historical, statistical or research purposes to the extent permitted by law; or
8.2.4 the processing is otherwise authorised under POPIA.
8.3 Any person providing a Child’s Personal Information to Hands on Tech warrants that such person is duly authorised and legally competent to do so.
9. Special Personal Information
9.1 Hands on Tech may process special personal information only where such processing is lawful and one of the grounds recognised in POPIA applies.
9.2 Such information shall only be processed where strictly necessary for the relevant lawful purpose and subject to appropriate safeguards.
10. Direct Marketing
10.1 Hands on Tech may process Personal Information for purposes of direct marketing, including the promotion of its products, services, educational offerings, subscriptions, events, updates and related commercial opportunities.
10.2 Any direct marketing by electronic communication shall be conducted only to the extent permitted by applicable law.
10.3 Where required by law, Hands on Tech shall obtain the Data Subject’s prior consent before sending unsolicited electronic direct marketing communications.
10.4 Where lawful, Hands on Tech may market its own similar products or services to existing customers whose contact details were obtained in the context of a prior sale, provided that the customer is given a reasonable opportunity to object, free of charge and without unnecessary formality, both at the time the information is collected and on each communication thereafter.
10.5 The Data Subject may object to direct marketing or unsubscribe from marketing communications at any time, free of charge, by using the unsubscribe mechanism provided in the communication or by contacting Hands on Tech directly.
11. Cookies and Tracking Technologies
11.1 Hands on Tech may use cookies and similar technologies on its Sites for purposes including:
11.1.1 enabling core functionality;
11.1.2 remembering user preferences;
11.1.3 improving performance and usability;
11.1.4 understanding website traffic and user behaviour;
11.1.5 security and fraud prevention; and
11.1.6 lawful advertising and personalisation.
11.2 The Data Subject may manage cookie preferences through the applicable browser or device settings, subject to the possibility that disabling cookies may affect the proper functioning of certain features.
12. Disclosure and Sharing of Personal Information
12.1 Hands on Tech may disclose Personal Information where lawful and reasonably necessary to:
12.1.1 its holding companies, subsidiaries, affiliates and associated entities;
12.1.2 its employees, contractors and authorised internal personnel;
12.1.3 Operators, service providers, suppliers, technology providers, payment processors, cloud providers and support providers;
12.1.4 professional advisers, auditors, insurers and attorneys;
12.1.5 credit bureaus, anti-fraud bodies, debt collection providers and compliance service providers;
12.1.6 regulators, public bodies, courts, tribunals or law enforcement authorities;
12.1.7 schools, institutions, parents, guardians or authorised representatives, where relevant to the service and lawful; and
12.1.8 any person where disclosure is required by law, necessary to protect rights, property or safety, or otherwise in the legitimate interests of Hands on Tech or the Data Subject.
12.2 Where Personal Information is shared with an Operator, Hands on Tech shall take reasonable steps to ensure that such Operator maintains appropriate confidentiality and security safeguards.
13. Change of Control, Merger, Acquisition or Business Transfer
13.1 In the event that Hands on Tech, or any part of its business, assets, operations, customer relationships, products, services, Sites, databases or goodwill, is the subject of any merger, acquisition, sale, restructuring, reorganisation, investment, amalgamation, assignment, cession, transfer, disposal, change of control, business rescue process, or any similar transaction, Hands on Tech shall be entitled to transfer and disclose relevant Personal Information to the prospective or actual acquiring, successor or related entity, subject to applicable law.
13.2 The acquiring, successor or related entity shall be entitled to retain, use, combine, analyse, align, store, manage and otherwise process such Personal Information:
13.2.1 for the continuation of the relevant business, customer relationship, product, service, platform or support function;
13.2.2 for internal administration, governance, compliance, risk, security, analytics and operational purposes;
13.2.3 to contact the Data Subject in relation to any past, current or future products, services, offerings, subscriptions, educational programmes, commercial opportunities, events, technologies, support services, promotions or related business activities of that entity or its affiliates; and
13.2.4 for any other lawful purpose compatible with the transferred business or ongoing commercial operations of the acquiring or successor entity.
13.3 Notwithstanding clause 13.2, any such continued processing and any contact for marketing or sales purposes shall remain subject to POPIA and any other applicable law, including any requirements relating to consent, existing customer relationships, lawful justification, and the right of the Data Subject to object or unsubscribe.
13.4 To the fullest extent permitted by law, the Data Subject acknowledges and agrees that, in the event of such a transaction, the acquiring or successor entity may continue communications and relationship management activities with the Data Subject in connection with the business and any associated or related offerings, subject always to the Data Subject’s rights under applicable law.
14. Cross-Border Transfers
14.1 Hands on Tech may transfer Personal Information to jurisdictions outside the Republic of South Africa where such transfer is necessary for service delivery, hosting, storage, support, administration, group operations or any other lawful purpose.
14.2 Any such transfer shall take place only where:
14.2.1 the recipient is subject to a law, binding corporate rules or agreement which provides an adequate level of protection substantially similar to that afforded by POPIA;
14.2.2 the Data Subject consents to the transfer;
14.2.3 the transfer is necessary for the performance or conclusion of a contract;
14.2.4 the transfer is for the benefit of the Data Subject and it is not reasonably practicable to obtain consent; or
14.2.5 the transfer is otherwise permitted by law.
15. Storage, Security and Retention
15.1 Personal Information may be stored manually or electronically on systems, cloud platforms or servers used by Hands on Tech or its authorised service providers.
15.2 Hands on Tech shall take appropriate, reasonable technical and organisational measures to secure the integrity and confidentiality of Personal Information and to prevent loss of, damage to, or unauthorised destruction of Personal Information and unlawful access to or processing of Personal Information.
15.3 Such measures may include access controls, user authentication, password protection, encryption, backups, monitoring, contractual confidentiality obligations and security management procedures.
15.4 Notwithstanding the aforesaid, no method of transmission over the internet or method of electronic storage is completely secure, and Hands on Tech does not warrant or guarantee absolute security.
15.5 Personal Information shall not be retained for longer than is necessary to achieve the purpose for which it was collected or subsequently processed, unless retention is required or authorised by law, reasonably required for lawful operational or evidentiary purposes, or retained for historical, statistical or research purposes subject to appropriate safeguards.
15.6 Where Personal Information is no longer required to be retained, Hands on Tech shall destroy, delete or de-identify such information as soon as reasonably practicable.
16. Passwords and Access Credentials
16.1 Where the Data Subject is provided with or creates a username, password or other login credential for access to any Site, platform or service, the Data Subject shall be solely responsible for maintaining the confidentiality thereof.
16.2 The Data Subject shall not disclose such credentials to any other person.
16.3 Hands on Tech shall not be liable for any loss, damage or unauthorised activity arising from the Data Subject’s failure to maintain the confidentiality of access credentials.
17. Security Compromises
17.1 Where there are reasonable grounds to believe that Personal Information has been accessed or acquired by an unauthorised person, Hands on Tech shall notify the affected Data Subject and the Information Regulator as soon as reasonably possible, where required by law.
17.2 Such notification may be delayed where a public body responsible for the prevention, detection or investigation of offences, or the Information Regulator, determines that notification will impede a criminal investigation or where notification is otherwise not permitted by law.
17.3 Any notification shall, to the extent reasonably possible, provide sufficient information to enable the Data Subject to take protective measures against the consequences of the compromise.
18. Data Subject Rights
18.1 Subject to applicable law, a Data Subject has the right to:
18.1.1 request confirmation as to whether Hands on Tech holds Personal Information concerning that Data Subject;
18.1.2 request access to such Personal Information;
18.1.3 request correction, updating or deletion of Personal Information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or unlawfully obtained;
18.1.4 request destruction or deletion of records which Hands on Tech is no longer authorised to retain;
18.1.5 withdraw consent where processing is based on consent, subject to lawful limitations;
18.1.6 object, on reasonable grounds, to the processing of Personal Information where permitted by law;
18.1.7 object at any time to processing for purposes of direct marketing;
18.1.8 lodge a complaint with the Information Regulator; and
18.1.9 institute civil proceedings where permitted by law.
18.2 Requests and objections shall be dealt with in accordance with POPIA, PAIA where applicable, and any internal verification requirements reasonably necessary to confirm the identity and authority of the requester.
19. Third-Party Sites, Services and Partners
19.1 Hands on Tech’s Sites, products or services may contain links to or integrations with third-party websites, applications, services or business partners.
19.2 Hands on Tech does not control the privacy practices of such third parties and shall not be responsible for their processing of Personal Information.
19.3 The Data Subject is encouraged to review the privacy policies and terms of all third-party platforms and service providers used by the Data Subject.
20. Changes to this Privacy Policy
20.1 Hands on Tech reserves the right to amend, update or replace this Privacy Policy from time to time.
20.2 Any updated version shall be published on the relevant Site or otherwise made available through appropriate channels.
20.3 Where any amendment materially affects the rights of Data Subjects or the manner in which Personal Information is processed, Hands on Tech shall take reasonable steps to notify affected persons and, where required by law, obtain additional consent.
21. Contact Details
Any questions, requests, objections or complaints relating to this Privacy Policy or the processing of Personal Information by Hands on Tech may be directed to:
Information Officer: Anya Sonnendecker
E-mail: [email protected]
22. Information Regulator
A Data Subject has the right to submit a complaint to the Information Regulator of South Africa in relation to any alleged interference with the protection of Personal Information.
Information Regulator (South Africa)
Email: [email protected]
Telephone: +27 (0)10 023 5200
Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, South Africa
23. General
23.1 This Privacy Policy shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
23.2 If any provision of this Privacy Policy is found to be unlawful, invalid or unenforceable, that provision shall, to the extent required, be severed from the remaining provisions, which shall continue to be of full force and effect.
23.3 This Privacy Policy forms the basis upon which Hands on Tech communicates its privacy and data protection practices to Data Subjects and shall apply together with any related terms, notices, contracts and lawful consent mechanisms used by Hands on Tech.
1.1 This Privacy Policy governs the manner in which Hands on Technologies, together with its subsidiaries, affiliates, associates, holding companies, and the subsidiaries, affiliates and associates of such holding companies (collectively referred to as “Hands on Tech”, “we”, “us” or “our”), collects, receives, records, stores, uses, updates, shares, discloses, transfers, retains and otherwise processes Personal Information.
1.2 This Privacy Policy applies to all interactions between Hands on Tech and any natural person or juristic person who:
1.2.1 visits or uses our websites, platforms, applications, social media pages or online systems;
1.2.2 purchases, subscribes to, accesses or uses any of our products or services;
1.2.3 communicates or corresponds with us in any manner;
1.2.4 registers for any account, programme, offering, event, training, competition or communication; or
1.2.5 otherwise provides Personal Information to us, whether in person, electronically, telephonically, in writing, by conduct or otherwise.
1.3 Hands on Tech is committed to processing Personal Information lawfully and reasonably, in a manner that does not unjustifiably infringe the privacy rights of Data Subjects, and in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”), the regulations promulgated thereunder, and any other applicable laws of the Republic of South Africa.
1.4 By interacting with us, accessing or using our products, services or Sites, or otherwise providing Personal Information to us, you acknowledge that you have read and understood this Privacy Policy.
2. Definitions and Interpretation
2.1 In this Privacy Policy, unless the context indicates otherwise, words and expressions defined in POPIA shall bear the same meanings assigned to them in POPIA.
2.2 In addition, the following terms shall have the meanings assigned to them below:
2.2.1 “Child” means a natural person under the age of 18 (eighteen) years;
2.2.2 “Competent Person” means any person who is legally competent to consent to the processing of a Child’s Personal Information;
2.2.3 “Consent” means any voluntary, specific and informed expression of will in terms of which permission is given for the processing of Personal Information, whether in writing, electronically, by selecting an option, clicking an acceptance button, submitting information, registering an account, responding affirmatively to a consent request, or by any other lawful method evidencing agreement;
2.2.4 “Data Subject” means the person to whom Personal Information relates;
2.2.5 “Information Officer” means the duly appointed and registered information officer of Hands on Tech;
2.2.6 “Operator” means a person or entity which processes Personal Information for Hands on Tech in terms of a contract or mandate, without coming under the direct authority of Hands on Tech;
2.2.7 “Personal Information” means information relating to an identifiable, living natural person and, where applicable, an identifiable existing juristic person;
2.2.8 “Process” or “Processing” means any operation or activity concerning Personal Information, including the collection, receipt, recording, organisation, collation, storage, updating, modification, retrieval, alteration, consultation, use, dissemination, distribution, merging, linking, blocking, degradation, erasure or destruction of such information; and
2.2.9 “Sites” means all websites, applications, portals, social media pages, platforms and online services owned, operated or controlled by Hands on Tech.
2.3 Clause headings are included for convenience and shall not affect interpretation.
2.4 Unless the context otherwise requires:
2.4.1 the singular includes the plural and vice versa;
2.4.2 any gender includes the other genders; and
2.4.3 references to persons include natural persons and juristic persons.
3. Acceptance of this Privacy Policy
3.1 By continuing to interact with us, using our Services or Sites, entering into any relationship with us, or otherwise providing us with Personal Information, you acknowledge and agree that your Personal Information may be processed in accordance with this Privacy Policy and applicable law.
3.2 Where specific consent is required by law for any category of processing, Hands on Tech shall seek such consent in the manner required by law.
3.3 If you do not agree to the terms of this Privacy Policy, you must refrain from using the relevant Sites, Services or products where such use requires the processing of Personal Information.
4. Categories of Personal Information Processed
4.1 Hands on Tech may process such Personal Information as is adequate, relevant and not excessive in relation to the purpose for which it is processed.
4.2 The Personal Information processed by us may include, without limitation:
4.2.1 In relation to natural persons:
(a) name and surname;
(b) identity number, passport number or other identifying number;
(c) date of birth and age;
(d) gender;
(e) marital status;
(f) nationality, ethnic or social origin, language and culture where relevant and lawful;
(g) physical and postal address;
(h) email address;
(i) telephone number and other contact details;
(j) online identifiers and account credentials;
(k) biometric information, where lawful and necessary;
(l) educational, employment, financial, tax, credit and banking information where relevant and lawful;
(m) opinions, preferences, reviews, survey responses and communications;
(n) health or accessibility-related information where relevant and lawful; and
(o) any other information voluntarily provided by the Data Subject or lawfully obtained by Hands on Tech.
4.2.2 In relation to Children:
(a) name and surname;
(b) age and date of birth;
(c) school, class, grade, programme or course information;
(d) parent or guardian information;
(e) educational records, progress information, participation data and submissions;
(f) contact details, where appropriate;
(g) accessibility, health or support-related information where lawful and necessary; and
(h) any other Personal Information lawfully provided by a Competent Person or otherwise lawfully processed in terms of POPIA.
4.2.3 In relation to juristic persons:
(a) registered name;
(b) registration number;
(c) VAT number and tax information;
(d) physical and postal address;
(e) email address;
(f) telephone number;
(g) payment and banking details;
(h) transaction history; and
(i) information relating to representatives, contact persons and account users.
4.2.4 In relation to usage of our products, services or Sites:
(a) account registration information;
(b) usernames and passwords;
(c) records of orders, purchases, invoices, quotations and payments;
(d) communications, messages, support tickets and correspondence;
(e) browsing history and usage patterns on our Sites;
(f) content viewed, features used, actions taken and duration of activity;
(g) IP address, browser type, device type, operating system, language and time zone;
(h) device identifiers and online identifiers;
(i) cookie and tracking data;
(j) location data where enabled or lawfully derived;
(k) network and connection information; and
(l) information received from integrated partners or service providers where lawfully permitted.
5. Sources of Personal Information
5.1 Hands on Tech may collect Personal Information directly from the Data Subject.
5.2 Hands on Tech may also lawfully collect Personal Information from:
5.2.1 parents, guardians, schools, institutions, employers or authorised representatives;
5.2.2 public records and publicly available sources;
5.2.3 service providers, Operators and payment processors;
5.2.4 credit bureaus, screening agencies or fraud prevention bodies where lawful;
5.2.5 third-party partners where the Data Subject has consented or where collection is otherwise lawful; and
5.2.6 automated technologies such as cookies, website analytics tools and device data collection technologies.
6. When Personal Information may be Processed
6.1 Hands on Tech may process Personal Information where:
6.1.1 the Data Subject has given consent;
6.1.2 processing is necessary to carry out actions for the conclusion or performance of a contract;
6.1.3 processing complies with an obligation imposed by law;
6.1.4 processing protects a legitimate interest of the Data Subject;
6.1.5 processing is necessary for pursuing the legitimate interests of Hands on Tech or of a third party to whom the information is supplied; or
6.1.6 processing is otherwise lawful and permitted in terms of POPIA.
7. Purposes of Processing
7.1 Hands on Tech may process Personal Information for one or more of the following purposes:
7.1.1 to provide, deliver, administer and support our products and services;
7.1.2 to interact and communicate with Data Subjects;
7.1.3 to conclude, administer and perform agreements and commercial transactions;
7.1.4 to create, manage and maintain accounts and profiles;
7.1.5 to process payments, invoices, refunds and financial records;
7.1.6 to personalise content, products, services, communications and user experiences;
7.1.7 to conduct research, surveys, analytics, testing, quality assurance and service improvement;
7.1.8 to monitor usage and engagement with our Sites, products and services;
7.1.9 to maintain system security, prevent fraud, investigate misconduct and protect rights and property;
7.1.10 to verify identity, creditworthiness, background information or compliance history where lawful;
7.1.11 to market and promote our products, services, offerings, events and activities where lawful;
7.1.12 to comply with legal, regulatory, accounting and governance obligations;
7.1.13 to establish, exercise or defend legal rights; and
7.1.14 to carry out any other lawful purpose compatible with the purpose for which the information was collected.
8. Children’s Personal Information
8.1 Hands on Tech acknowledges that some of its products, services and Sites are intended for or may be used by Children.
8.2 Hands on Tech shall process the Personal Information of Children only where permitted by law, including where:
8.2.1 prior consent has been obtained from a Competent Person;
8.2.2 the processing is necessary for the establishment, exercise or defence of a right or obligation in law;
8.2.3 the processing is necessary for historical, statistical or research purposes to the extent permitted by law; or
8.2.4 the processing is otherwise authorised under POPIA.
8.3 Any person providing a Child’s Personal Information to Hands on Tech warrants that such person is duly authorised and legally competent to do so.
9. Special Personal Information
9.1 Hands on Tech may process special personal information only where such processing is lawful and one of the grounds recognised in POPIA applies.
9.2 Such information shall only be processed where strictly necessary for the relevant lawful purpose and subject to appropriate safeguards.
10. Direct Marketing
10.1 Hands on Tech may process Personal Information for purposes of direct marketing, including the promotion of its products, services, educational offerings, subscriptions, events, updates and related commercial opportunities.
10.2 Any direct marketing by electronic communication shall be conducted only to the extent permitted by applicable law.
10.3 Where required by law, Hands on Tech shall obtain the Data Subject’s prior consent before sending unsolicited electronic direct marketing communications.
10.4 Where lawful, Hands on Tech may market its own similar products or services to existing customers whose contact details were obtained in the context of a prior sale, provided that the customer is given a reasonable opportunity to object, free of charge and without unnecessary formality, both at the time the information is collected and on each communication thereafter.
10.5 The Data Subject may object to direct marketing or unsubscribe from marketing communications at any time, free of charge, by using the unsubscribe mechanism provided in the communication or by contacting Hands on Tech directly.
11. Cookies and Tracking Technologies
11.1 Hands on Tech may use cookies and similar technologies on its Sites for purposes including:
11.1.1 enabling core functionality;
11.1.2 remembering user preferences;
11.1.3 improving performance and usability;
11.1.4 understanding website traffic and user behaviour;
11.1.5 security and fraud prevention; and
11.1.6 lawful advertising and personalisation.
11.2 The Data Subject may manage cookie preferences through the applicable browser or device settings, subject to the possibility that disabling cookies may affect the proper functioning of certain features.
12. Disclosure and Sharing of Personal Information
12.1 Hands on Tech may disclose Personal Information where lawful and reasonably necessary to:
12.1.1 its holding companies, subsidiaries, affiliates and associated entities;
12.1.2 its employees, contractors and authorised internal personnel;
12.1.3 Operators, service providers, suppliers, technology providers, payment processors, cloud providers and support providers;
12.1.4 professional advisers, auditors, insurers and attorneys;
12.1.5 credit bureaus, anti-fraud bodies, debt collection providers and compliance service providers;
12.1.6 regulators, public bodies, courts, tribunals or law enforcement authorities;
12.1.7 schools, institutions, parents, guardians or authorised representatives, where relevant to the service and lawful; and
12.1.8 any person where disclosure is required by law, necessary to protect rights, property or safety, or otherwise in the legitimate interests of Hands on Tech or the Data Subject.
12.2 Where Personal Information is shared with an Operator, Hands on Tech shall take reasonable steps to ensure that such Operator maintains appropriate confidentiality and security safeguards.
13. Change of Control, Merger, Acquisition or Business Transfer
13.1 In the event that Hands on Tech, or any part of its business, assets, operations, customer relationships, products, services, Sites, databases or goodwill, is the subject of any merger, acquisition, sale, restructuring, reorganisation, investment, amalgamation, assignment, cession, transfer, disposal, change of control, business rescue process, or any similar transaction, Hands on Tech shall be entitled to transfer and disclose relevant Personal Information to the prospective or actual acquiring, successor or related entity, subject to applicable law.
13.2 The acquiring, successor or related entity shall be entitled to retain, use, combine, analyse, align, store, manage and otherwise process such Personal Information:
13.2.1 for the continuation of the relevant business, customer relationship, product, service, platform or support function;
13.2.2 for internal administration, governance, compliance, risk, security, analytics and operational purposes;
13.2.3 to contact the Data Subject in relation to any past, current or future products, services, offerings, subscriptions, educational programmes, commercial opportunities, events, technologies, support services, promotions or related business activities of that entity or its affiliates; and
13.2.4 for any other lawful purpose compatible with the transferred business or ongoing commercial operations of the acquiring or successor entity.
13.3 Notwithstanding clause 13.2, any such continued processing and any contact for marketing or sales purposes shall remain subject to POPIA and any other applicable law, including any requirements relating to consent, existing customer relationships, lawful justification, and the right of the Data Subject to object or unsubscribe.
13.4 To the fullest extent permitted by law, the Data Subject acknowledges and agrees that, in the event of such a transaction, the acquiring or successor entity may continue communications and relationship management activities with the Data Subject in connection with the business and any associated or related offerings, subject always to the Data Subject’s rights under applicable law.
14. Cross-Border Transfers
14.1 Hands on Tech may transfer Personal Information to jurisdictions outside the Republic of South Africa where such transfer is necessary for service delivery, hosting, storage, support, administration, group operations or any other lawful purpose.
14.2 Any such transfer shall take place only where:
14.2.1 the recipient is subject to a law, binding corporate rules or agreement which provides an adequate level of protection substantially similar to that afforded by POPIA;
14.2.2 the Data Subject consents to the transfer;
14.2.3 the transfer is necessary for the performance or conclusion of a contract;
14.2.4 the transfer is for the benefit of the Data Subject and it is not reasonably practicable to obtain consent; or
14.2.5 the transfer is otherwise permitted by law.
15. Storage, Security and Retention
15.1 Personal Information may be stored manually or electronically on systems, cloud platforms or servers used by Hands on Tech or its authorised service providers.
15.2 Hands on Tech shall take appropriate, reasonable technical and organisational measures to secure the integrity and confidentiality of Personal Information and to prevent loss of, damage to, or unauthorised destruction of Personal Information and unlawful access to or processing of Personal Information.
15.3 Such measures may include access controls, user authentication, password protection, encryption, backups, monitoring, contractual confidentiality obligations and security management procedures.
15.4 Notwithstanding the aforesaid, no method of transmission over the internet or method of electronic storage is completely secure, and Hands on Tech does not warrant or guarantee absolute security.
15.5 Personal Information shall not be retained for longer than is necessary to achieve the purpose for which it was collected or subsequently processed, unless retention is required or authorised by law, reasonably required for lawful operational or evidentiary purposes, or retained for historical, statistical or research purposes subject to appropriate safeguards.
15.6 Where Personal Information is no longer required to be retained, Hands on Tech shall destroy, delete or de-identify such information as soon as reasonably practicable.
16. Passwords and Access Credentials
16.1 Where the Data Subject is provided with or creates a username, password or other login credential for access to any Site, platform or service, the Data Subject shall be solely responsible for maintaining the confidentiality thereof.
16.2 The Data Subject shall not disclose such credentials to any other person.
16.3 Hands on Tech shall not be liable for any loss, damage or unauthorised activity arising from the Data Subject’s failure to maintain the confidentiality of access credentials.
17. Security Compromises
17.1 Where there are reasonable grounds to believe that Personal Information has been accessed or acquired by an unauthorised person, Hands on Tech shall notify the affected Data Subject and the Information Regulator as soon as reasonably possible, where required by law.
17.2 Such notification may be delayed where a public body responsible for the prevention, detection or investigation of offences, or the Information Regulator, determines that notification will impede a criminal investigation or where notification is otherwise not permitted by law.
17.3 Any notification shall, to the extent reasonably possible, provide sufficient information to enable the Data Subject to take protective measures against the consequences of the compromise.
18. Data Subject Rights
18.1 Subject to applicable law, a Data Subject has the right to:
18.1.1 request confirmation as to whether Hands on Tech holds Personal Information concerning that Data Subject;
18.1.2 request access to such Personal Information;
18.1.3 request correction, updating or deletion of Personal Information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or unlawfully obtained;
18.1.4 request destruction or deletion of records which Hands on Tech is no longer authorised to retain;
18.1.5 withdraw consent where processing is based on consent, subject to lawful limitations;
18.1.6 object, on reasonable grounds, to the processing of Personal Information where permitted by law;
18.1.7 object at any time to processing for purposes of direct marketing;
18.1.8 lodge a complaint with the Information Regulator; and
18.1.9 institute civil proceedings where permitted by law.
18.2 Requests and objections shall be dealt with in accordance with POPIA, PAIA where applicable, and any internal verification requirements reasonably necessary to confirm the identity and authority of the requester.
19. Third-Party Sites, Services and Partners
19.1 Hands on Tech’s Sites, products or services may contain links to or integrations with third-party websites, applications, services or business partners.
19.2 Hands on Tech does not control the privacy practices of such third parties and shall not be responsible for their processing of Personal Information.
19.3 The Data Subject is encouraged to review the privacy policies and terms of all third-party platforms and service providers used by the Data Subject.
20. Changes to this Privacy Policy
20.1 Hands on Tech reserves the right to amend, update or replace this Privacy Policy from time to time.
20.2 Any updated version shall be published on the relevant Site or otherwise made available through appropriate channels.
20.3 Where any amendment materially affects the rights of Data Subjects or the manner in which Personal Information is processed, Hands on Tech shall take reasonable steps to notify affected persons and, where required by law, obtain additional consent.
21. Contact Details
Any questions, requests, objections or complaints relating to this Privacy Policy or the processing of Personal Information by Hands on Tech may be directed to:
Information Officer: Anya Sonnendecker
E-mail: [email protected]
22. Information Regulator
A Data Subject has the right to submit a complaint to the Information Regulator of South Africa in relation to any alleged interference with the protection of Personal Information.
Information Regulator (South Africa)
Email: [email protected]
Telephone: +27 (0)10 023 5200
Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, South Africa
23. General
23.1 This Privacy Policy shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
23.2 If any provision of this Privacy Policy is found to be unlawful, invalid or unenforceable, that provision shall, to the extent required, be severed from the remaining provisions, which shall continue to be of full force and effect.
23.3 This Privacy Policy forms the basis upon which Hands on Tech communicates its privacy and data protection practices to Data Subjects and shall apply together with any related terms, notices, contracts and lawful consent mechanisms used by Hands on Tech.
